Arizona silver belt., 1887-04-02
THE THORNTON CASE.

. term 1SS5) of the Dlstrlet Court, up
 on 1xFoRAIArIen (by order of Judg
 D. H. Pinney) for the murder of Dal 2 Wagner, found guilty of manslaugh ter and sentenced to ten years servi tude in the Territorial prison. Tn,
 proceeding upon information, wa : clearly illegal, and the fact wat
 brought to Judge Pinney' knowledge
 by District Attorney 1cCabe, before
 the case was called for trial, who of !. fered to submit authorities supporting
 hls view of the case, but "the learned
 Judge" was imperlous and ordered 7 the District Attorney to proceed as directed. There beng no alternative for the District Attorney but to enter upon the farce Of a trial, the following
 named persons were accepted and
 sworn as jurors, A. Pringle, Foreman;
 Joseph Hazard, A. Watkins, William
 Ellison, Charles Boquot, T. J. Cline,
 David Devore, John Pemberton, Hen
 " Franck, William Mallory, Robert
 Holt and Con Ryan. They rendered
 a verdict of manslaughtar and the
 Judge sentenced the aDdant as
 above stated And 1Uwc ip1If com
 plaint, by Thornton, of illegal deten-
 ton, be is released from the operation
 of the trlal, by Judge Porter, and re-
 manded to the custody of Thomas
 Gates, subject to the order of the
 Sheriff of Gila county. The result
 will be an investigation by the grand
 jury and, if an indictment is found, a
 trial; we cannot say a second trial for the reason that the first was a nulllty,
 possessing none of the requisites of
 law.
 Why 'the first trial" is void, in or der to render it plain to the general reader, requires explanation, and, therefore, we will state that murder is an infamous crime, made so by the fact that it carries with it, against the offender. a degredation of his civil | rights. Article V of the Constitution of the United States, especially pro- vides that mo person shall be held to answer for a capital or otherwise In- famous crime, unless on a present. ment or indictment of a grand jury, except in cases arising in the land or naval forces. or in the militia, when in actual servce in time Of war" On this ground, A. c. Baker, Thornton's attorney entered a demurrer as fol- lows:
 "The defendant demurs to the in- filed herein, and for cause of demurrer assigns the following grounds: First. Such information does not substantially conform to See lion 2lI, Chap. 2, Of the Compiled Laws of Arizona, in this to-wit: (a) It Is not an accusation Of any grand ury; CD. 1t Is not an indictment; (c) Ii | was not found or presented o~ fndoTsed ! by any grand jury whatever; (d) 1t ! was not concurred in by any number 1f grand jurors whatever. Second. Such information contains matter con a legal bar to any prosecu- ion under it, in thls to-wit: It pur- ( ports to be an information by the Dis [ .rict Attorney and shows upon its f ace that It Is neither an indictment, : presentment or other act of any grand jury whatever and .harges murder without any present t nent or indictment of any grand [ ury." t
 The motion to dismiss was, how 8 .ver, overruled by Judge PInney. The principle of law. which we con- end should have applied in this case, b vas held to be good law in case ap- T ,ealed to the Federal court from the a Territorial court, where t n it was decided that a conviction on | was invalid. a
 Article V of the Constitution de- | lares. also, that no person shall be t' ulject for the same ofense to be D vice put n jeopardy cf life or limb, r or be deprived Of life, liberty, or without due process of law. Iurder Is, by law, declared an infam- us crime because of the degradation u f the offender from his evil rights; {. nd without an indictment or a pre- | eminent of a grand jury the element a f constitutional law Is wanting in Y he Thornton case and, therefore, the o gal ingredients necessary to protect hornton from a se3ond trial are -anting. n This judicial blunder cannot be p larged upon Judge Pinney, as will te lily made; no doubt he believed he al as right and, therefore, the responsi- " llity rests with the appointing power to ho assigned legal tyr0 to a judiclal cc osltion in Arizona.
 The costs already incurred and paid, l the "triaI" and the removal of H hornton to the Territorial prison, p to S659 65, and the cost of n' ;r ,., ,4,,,.,, +, Elol, for +ri,I ,,-,l h, u